Can I file to contest a restraining order that's over 30 days old? 4 Answers as of June 21, 2011

I was served a restraining order yesterday but the date on the papers say it was issued on the 25th of March. Can I still request a hearing to contest the order even though it has been thirty days since the date on the papers since I just found out about it yesterday?

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If the hearing has already occurred and the permanent RO has been issued, because you didnt contest it properly by filing your Opposition pleadings and attending the hearing, then you would have to file a formal motion requesting relief from default and to set aside the ruling and RO. IF you could show there was no legitimate basis for the RO request, and show your failure to oppose was justifiable, you might have a chance. There are no guarantees that you would succeed, but you could try. If serious about doing so, feel free to contact me.

If you were just served, the restraining order should not have issued without a proof of service. On the restraining order document, there is a court date and time if you wish to contest the charges. You also should have received a blank response page together with instructions. If you think a post-hearing restraining order was issued without service to you, you should check the court file. In order to obtain more than an emergency or temporary order, there must be a proof of service attached. If this was falsified, you will need to bring a motion to set aside the restraining order.

I would move to quash the Application for Order. The party waited too long to serve you. You had better check on the status with the Clerk's Office. The other party might have filed a fraudulent Proof of Service. The case should have been dismissed without prejudice by the Court already!

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